This archive report was first published on 2 September 2021.
On September 1, 2021, the Environment and Land Court in Machakos issued a warrant for the arrest of Governor Alfred Mutua, ordering police to take him to court for disobeying an earlier order to pay Sh5.6 million to a man whose land the county government trespassed on.
According to the court order, the county government was adjudged to pay Sh5, 590, 443.15 in damages to Mr. David Gitau Thairu, who had accused Dr. Mutua's administration of trespassing on his land in 2013.
Mr. Thairu had gone to court accusing the county government of dumping heaps of cotton soil and digging trenches on his land, preventing him from building a hotel. The county government, however, claimed it had only dumped soil while constructing a road and a sewerage system.
On July 30, 2020, the Land Court declared the trespass on Mr. Thairu's land unconstitutional, illegal, and a breach of his constitutional rights. The court ordered Dr. Mutua to pay Mr. Thairu Sh5 million in exemplary damages and to restore the land by removing the heaps of soil.
Thirteen months later, the county government had not made a move, prompting the court to issue the warrant for Governor Mutua's arrest.
Mr. Thairu's lawyer, Lawrence Nyagito, welcomed the move, saying it was an indication that justice was on the way. 'My client has somehow secured justice from the court. The court has indeed demonstrated that justice applies to everyone without any fear and intimidation,' he said.
